Manchester Township York County
City Zoning Code
City Zoning Code
PART 3
A-OPEN SPACE RESIDENTIAL-AGRICULTURAL DISTRICT
§ 27-301 Purpose.
[Ord. 1996-1, 1/23/1996, § 300]
The purpose of the Open Space Residential-Agricultural District is to permit, protect, and encourage the continued use of the land therein for agricultural uses while also permitting residential development that results in an enhanced living environment through the preservation of open space. The provisions set forth encourage innovative and livable housing environments within residential districts through both permanent dedication of open space and planned reduction of individual lot area requirements. The overall density remains the same as would be found in a traditional development.
§ 27-302 Objectives.
[Ord. 1996-1, 1/23/1996, § 301]
1.
The following objectives shall be considered in the review of any application for development in an A-Agricultural District.
A.
To provide for more environmentally sensitive residential development by preserving the natural character of open fields, stands of trees, ponds, streams, hills and similar natural features.
B.
To provide a more efficient and aesthetic use of developable land by allowing developers to reduce lot sizes while maintaining the residential density required in the underlying zoning district.
C.
To assure the permanent preservation of open space, rural lands and natural resources.
D.
To allow a more flexible and cost-effective residential layout and street design.
E.
To minimize potential adverse impacts from new residential development on adjacent subdivisions and properties devoted to agricultural uses.
§ 27-303 Area of Application.
[Ord. 1996-1, 1/23/1996, § 302]
The following regulations shall apply to the areas designated A-Agricultural District on the Zoning Map.
§ 27-304 Open Space Development.
[Ord. 1996-1, 1/23/1996, § 303; as amended by Ord. 2005-12, 12/13/2005, § 1, Part 8]
In the A district, it shall be unlawful to subdivide a parcel of land of 15 acres or greater into parcels, any one of which is less than 15 acres, for residential use, except for development as open space residential development. In addition, open space development may occur on smaller tracts as allowed by § 27-309.
§ 27-305 Use and Lot Area Requirements.
[Ord. 1996-1, 1/23/1996, § 304; as amended by Ord. 2005-12, 12/13/2005, § 1, Parts 6 and 7]
The chart, Permitted Uses and Special Exceptions-Open Space Residential/Agricultural District, shows permitted and special exception uses and the lot area requirements.[1] Lot sizes for residential uses are expressed in square feet per dwelling unit. Where a use or matter is also regulated by Part 11, Part 12, or any other section of this chapter, the most restrictive provision shall apply.
[1]
Editor's Note: Said chart is included as an attachment to this chapter.
§ 27-306 Setbacks; Non-open Space.
§ 27-307 Building Height Limit.
[Ord. 1996-1, 1/23/1996, § 306]
No building shall exceed three stories in height, or 35 feet unless authorized as a special exception. This restriction shall not apply to barns and silos used for the farming operations.
§ 27-308 Lot Coverage.
[Ord. 1996-1, 1/23/1996, § 307]
Not more than 20% of the lot area shall be occupied by buildings, and no more than 40% shall be occupied by impervious surface, except for open space development where no more than 40% of lot area shall be occupied by buildings, and no more than 60% shall be occupied by impervious surface.
§ 27-309 Standards for Open Space Residential Development.
1.
General.
A.
Minimum Parcel Size-15 Acres. Residential development of parcels of 15 acres or greater in size must be done pursuant to the standards of this section. In addition, open space development is allowed as an optional form of residential development on a parcel of greater than five but less than 15 acres if special exception approval is granted, and if the applicant proves to the Zoning Hearing Board that the resulting open space would serve a useful function.
B.
Utility Requirements. Public water and sewer are required to serve an open space development.
2.
Design Standards.
A.
Density Requirements. The maximum number of dwelling units permitted using open space design shall be determined by using the following formula:
Maximum number of dwelling units = net tract area divided by 43,560 square feet. | ||||
The net tract area shall be calculated using the following formula: | ||||
Total tract area | ||||
— | existing road | |||
— | 50% of environmentally sensitive areas (floodplains, wetlands, slopes > 15%) | |||
— | 10% of total tract area (for future roads and stormwater management facilities) | |||
= | Net Tract Area | |||
C.
Setback Requirements.
(1)
Minimum Front Setback: 30 feet except when along major and minor arterial type roadways as designated and set forth in the Manchester Township Comprehensive Plan, when such setback shall be 50 feet.
(2)
Minimum Side Setback: 15 feet. There shall be two side yards.
(3)
Minimum Rear Setback: 30 feet. There shall be a rear yard.
D.
Location of Lots. To the greatest extent feasible, residential lots shall be laid out according to the following:
E.
Dwelling Placement. Dwelling placement to the greatest extent possible shall be planned to screen homes from off-site vantage points, away from environmentally-sensitive areas, existing agricultural uses, sites suitable for open space, and upwind from areas subject to land management practices that will cause dust, noise, smoke, odors, or similar problems. Strict geometric layout of lots shall be avoided to the greatest extent possible and the layout shall be designed to maximize open space access for each lot as required by Subsection 3C.
3.
Open Space.
A.
Minimum Requirements.
(1)
Within an open space residential development, a minimum of 45% of the parcel must remain in open space.
(2)
No more than 50% of the open space shall be comprised of wetlands, surface water bodies, floodplains, areas of slope > 15%, or detention basins.
(4)
A minimum of 50% of the open space must be shaped so as to be usable for active or passive recreation or agriculture.
(5)
Areas set aside for open space shall have a minimum size of two acres. Developers are encouraged to set aside large parcels of open space lands and should submit sketch plans of proposed open space development to the Manchester Township Planning Commission.
(6)
Required open space must be in the form of large contiguous tracts, with corridors for walkways connecting larger tracts or parks adjacent to the open space parcel. There shall be no more than three non-contiguous required open space areas, except when provided in addition to the minimum required open space.
B.
In general, the required open space to be set aside shall attempt to preserve natural areas such as wetlands, streams, scenic views, woodlands, hedgerows, fence lines and similar areas.
C.
Access to Open Space. All lots for dwelling units shall either abut directly on open space or shall be located within 500 feet of access to open space, if pedestrian access, such as sidewalks, is provided from such lots directly to the required open space. Accessibility shall meet the needs of handicapped and older citizens. Pedestrian access ways from the street to interior open space areas shall be no less than 20 feet in width.
D.
Ownership and Maintenance of Open Space. Common open space may be dedicated partially or entirely to public use. The Board of Supervisors may request the dedication of any common open space land for public use. However, the Board of Supervisors, at its sole discretion, shall also have the right to not accept any dedication of open space. When common open space is not dedicated and accepted for public use, it shall be protected by legal arrangements, satisfactory to the Township, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall:
(1)
Oblige purchasers to participate in a homeowners association and to support maintenance of the open areas by paying to the association assessment sufficient for such maintenance and subjecting their properties to a line for enforcement of payment of the respective assessments.
(2)
Obligate such an association to maintain the open areas and private streets and utilities.
(3)
Empower the Township, as well as other purchasers in the development, to enforce the covenants in the event of failure or compliance.
(4)
Provide for agreement that, if the Township is required to perform any maintenance work pursuant to the item above, such purchasers would pay the cost thereof and that the same shall be a lien, upon their properties until such cost has been paid; provided that the developer shall be responsible for the formation of the homeowners association of which the developer, or if the developer is not the owner of the development, then such owner, shall be a member until all of the lots of record are sold. Other equivalent provisions to assure adequate perpetual maintenance may be permitted if approved by the Board of Supervisors. Assurance that such covenants or equivalent provisions will be included in the deeds or other instruments or conveyance shall be evidenced by the recordation in the Office of Recorder of Deeds, of a perpetual declaration regarding maintenance of facilities as prescribed hereinabove and identifying the tract and each lot therein. The declaration shall be included in the deed or other instrument of conveyance of each lot of record and shall be made binding on all purchasers, provided that such declaration may, as to subsequent conveyances other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyance.
(5)
Guarantee that any association formed to own and maintain common open space will not be dissolved without the consent of the Board of Supervisors and any other specifications deemed necessary by the Board of Supervisors.
(6)
The Township will require that a landscape plan/maintenance plan for open space be submitted along with the preliminary plan. The landscape plan/maintenance plan will be prepared and maintained by the developer until 51% of the lots have been developed, after which time the landscape plan/maintenance plan will be the responsibility of the homeowners association.
Such covenants or equivalent legal arrangements shall be submitted for preliminary review with the preliminary plan and shall be reviewed and approved by the Board of Supervisors prior to the granting of final plan approval.
E.
Future Development of Open Space. Future development, subdivision, or sale of the required open space is prohibited.
F.
Use of Open Space.
(1)
Use of open space may include recreation equipment, pavilions, benches, paths and walkways, athletic fields, farming, passive agricultural activities, woodlands, game preserves and similar uses.
(2)
Any structure or building accessory to recreation, conservation, or agriculture may be erected within the dedicated open space, subject to the approved open space plan. The accessory structures or buildings shall not exceed, in the aggregate, 1% of the required open space area.
(3)
Residential accessory structures, such as sheds, garages, fences, etc., or any commercial use shall not be permitted in the open space area.
4.
Perimeter Greenbelts. A perimeter greenbelt shall be encouraged around any parcel of land developed with open space development in order to separate developments and to preserve views. However, in order to encourage flexibility and to preserve large blocks of non-linear open space, the extent and width of such greenbelt shall be determined after consultation with the Manchester Township Planning Commission. Developers submitting open space development plans are strongly encouraged to submit sketch plans and to consult with the Manchester Township Planning Commission and staff prior to formally submitting a preliminary plan. Items to be considered in determining the nature, extent, and width of any perimeter greenbelt shall include, but not be limited to, topography, adjoining land uses, and development potential of adjacent tracts. In no event, however, shall a perimeter greenbelt consist of more than 30% of the required open space.
5.
Age Restricted Housing. If all dwellings within an open space residential development are limited to "age restricted housing," then the minimum lot area shall be reduced to 12,000 square feet, the minimum lot width shall be reduced to 80 feet, the minimum depth shall be reduced to 120 feet, and the maximum number of dwelling units allowed within the development shall be increased by 20%.
[Ord. 2005-12] (. . .; as amended by Ord. 2005-12, 12/13/2005, § 1, Parts 8 and 9)